Development of science and technology together with education and training are the top national policies and key motivations for the country’s fast and sustainable development. Science and technology play a decisive role to make development breakthrough in productive force, innovate growth models, enhance the competitiveness of the economy and speed up the country’s industrialization and modernization. 

Foreign-invested scientific and technological organizations in Vietnam is of great significance in promoting international cooperation and distribution activities for socio-economic development, and promoting international integration. to attract and encourage Vietnamese and foreign scientists, engineers, and researchers to cooperate, exchange academically, and conduct high-caliber scientific research.

Hong Bang Law would like to send to our customers the consulting and guidance on the procedures for establishing scientific and technological organizations with foreign capital in Vietnam. 

Legal basis

• Law on Science and Technology 2013
• Decree 08/2014/ND-CP detailing and guiding the implementation of a number of articles of the Law on Science and Technology
• Circular 03/2014/TT-BKHCN-Guiding conditions for establishment and operation registration of science and technology organizations, representative offices and representative officees of science and technology organizations

Requirements

Foreign-invested Technology and science organization is an organization which is established or contributed with capital by foreign organizations and individuals in cooperation with organizations and individuals in Vietnam.

• Have a charter for organization and operation, objectives and guidelines in accordance with laws;
• Human resources, material and technical bases meet requirements for implementation of objectives, guidelines and the Charter for organization and operation;
• Purposes, contents and areas of operation should accord with laws, requirements for scientific and technological development and socio-economic development in Vietnam;
• The establishment should be approved by the Minister of Science and Technology;
• Be headquartered in localities under permission of People’s Committees of central-affiliated cities and provinces (hereinafter referred to as ‘People’s committees of provinces’);

Regulations on the Charter of organization and operation

The name of the science and technology organization

• The name of a science and technology organization includes the full name, international transaction name and initials (if any), written in the letters of the Vietnamese alphabet, possibly accompanied by the letters F, J, Z, W, numbers and symbols, pronounceable. The full name includes the form of the science and technology organization, the proper name of the science and technology organization.
• The name of the organization must be suitable for the main field of operation, must not overlap with other science and technology organizations, must not use words and symbols that violate historical, cultural and ethical traditions. and fine customs and traditions of the nation, ensuring that the intellectual property rights of organizations and individuals are not infringed in Vietnam.
• Full name in Vietnamese: including the form of the organization (institute, center, etc.) and the organization’s proper name; the proper name part must be suitable for the registered field of main scientific and technological activities of the organization.
• International transaction name: the name of the scientific and technological organization in a foreign language is translated from the corresponding Vietnamese name; part of the proper name can be kept the same or translated in the corresponding sense into a foreign language.
• Abbreviated name: if a science and technology organization has an abbreviated name (including Vietnamese and foreign languages), the abbreviation must include the first letters of the words that are the main elements of the name (phrases and abbreviations). ) there.
• Science and technology organizations must be solely responsible for choosing their organization’s name, including full name in Vietnamese, international transaction name and initials.

Objectives, direction of activities

• Objectives and operational directions of a science and technology organization must not violate the provisions of Article 8 of the Law on Science and Technology and other relevant legal documents.
• The functions, tasks and powers of the science and technology organization are consistent with the objectives and directions of operation.
• Areas of activity, in one of the fields of scientific research, technology development, experimental implementation, trial production; producing and trading products that are the results of scientific research and technological development; science and technology services.

Science and technology human resources:

• Each science and technology organization must have at least 05 (five) people with university degrees or higher, including full-time and part-time jobs, of which at least 30% have professional qualifications relevant to the field. The main sector applies for registration and at least 40% works officially.
• In case a science and technology organization is established to develop a new science and technology branch, the science and technology organization must have at least 01 (one) person with a university degree or higher in the registered field of operation. official employment.
• For a science and technology organization established in the form of an institute, the head must have a doctorate degree.
• The head of a non-public science and technology organization with foreign capital must have a university degree or higher, have management experience and appropriate professional capacity, and must work under the official regime.
• A science and technology organization organized in the form of an institute must have at least one person with a doctorate degree relevant to the main field applying for registration and working under the official regime.
• Cadres, civil servants and public employees, when participating in activities in non-public and foreign-invested science and technology organizations, must comply with the law on cadres, civil servants and public employees.

Headquarters

The head office is a separate working place for transactions and communication and is located in the territory of Vietnam. The head office has an identified address including house number, street name (alley) or name of commune, ward, township, district, town, provincial city, province or centrally run city; phone number, fax number and email address (if any).

Technical facilities

Having the right to own or use the headquarters, workshops, laboratories, machinery and equipment, intellectual property, and other material and technical means to perform the functions and tasks of the scientific organization. and technology.

The total capital stated on the certificate of a science and technology organization is the total value of material and technical facilities converted into money at the time of operation registration. This capital is part or all of the charter capital of a science and technology organization.

Dossier composition

Dossier for the establishment of scientific and technological organization with foreign capital includes:

• Application for establishment of scientific and technological organization under the form specified by the Ministry of Science and Technology;
• Documents certifying the legal status of foreign organizations (must be legalized by the consulate);
• Judicial records of the head of scientific and technological organization with foreign capital (must be legalized by the consulate);
• Draft Charter of organization and operation;
• Establishment project of the scientific and technological organization includes the explanation about the necessity of establishment, conformity with strategy and plan for scientific and technological development and economic development of Vietnam, objectives, contents, areas, operating range of science and technology in Vietnam; scale investment; the anticipation of human resources of science and technology; financial analysis (if any);
• Documents evidencing the satisfaction of conditions of organization and operation

• • Profile of human resources of science and technology s
  • Profile of the head of science and technology organization
  • Dossier on material – technical foundations of science and technology organizations
  • Profile of the headquarters of the science and technology organization

• Document of Peoples’ Committee of provinces and centrally-affiliated cities where the organization’s head office is located approves the location of head office of the scientific and technological organization;
• Audited financial statement or other documents of equal value in the latest financial year of the organization or individuals (must be legalized by the consulate)

Note: Documents in dossier in foreign language must be translated in Vietnamese language

Procedures 

Within 05 working days from the date of receipt of dossier specified in Clause 1 of this Article, the Ministry of Science and Technology shall verify the validity of dossier. If it is not valid, the Ministry of Science and Technology shall give a written notice to the organization preparing dossier for modification and addition;

If the dossier is valid, the Ministry of Science and Technology shall send it to the Ministries, sectors and agencies concerned for their opinions;

Within 15 working days from the date of receipt of dossier for establishment of scientific and technological organization with foreign capital, the Ministries, sectors and agencies concerned shall give written opinions and take responsibility for the contents under their management functions;

Within 45 days, from the date of receipt of valid dossier, the Minister of Science and Technology shall decide the establishment and approve the Charter of organization and operation of the scientific and technological organization with foreign capital, photocopy and send the Decision on permitting the establishment of scientific and technological organization with foreign capital to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Public Security, the People’s Committees of provinces and centrally-affiliated cities where the organization is approved for location of its head office;

In case of disapproval, the Ministry of Science and Technology shall send a written notice to the organizations and individuals stating the reasons

Competent Agency: Ministry of Science and Technology – Science and Technology Activity Registration Office.

Implementation time: 45 working days from the date of submission of valid documents.

Service provided by Hong Bang Law

• Advising clients on legal regulations on procedures for establishing a foreign-invested scientific and technological organization;
• Receiving information from customers;
• Drafting documents, preparing necessary documents;
• On behalf of clients, submit documents and handle necessary procedures at competent state agencies;
• On behalf of customers to receive papers and documents related to work at competent state agencies;
• Making seal, opening a bank account for the representative office,

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!